Criminal Justice Process Overview
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Criminal Justice Process Overview

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Questions and Answers

What is the primary purpose of the initial appearance in the criminal justice process?

  • To inform the suspect of their charges and rights (correct)
  • To conduct the trial of the accused
  • To determine the sentence of the accused
  • To formally charge the suspect with a crime
  • Booking does not include photographing or fingerprinting the suspect.

    False

    What does probable cause mean in the context of arrests?

    A reasonable belief that a crime has been committed and that the suspect committed it.

    What does the term 'dark figure of crime' refer to?

    <p>Crimes that go unreported</p> Signup and view all the answers

    During the _______ hearing, the existence of probable cause is determined for a criminal case.

    <p>preliminary</p> Signup and view all the answers

    Most criminal prosecutions begin with law enforcement detecting a crime.

    <p>False</p> Signup and view all the answers

    Match the following arrest processes with their descriptions:

    <p>Booking = Recording identification and alleged crime of the suspect Charging = Decision-making on what crimes to formally charge Initial Appearance = Suspect is informed of charges and rights Grand Jury = Determines if enough evidence exists for trial</p> Signup and view all the answers

    Which modern advancement has improved the accuracy and speed of the booking process?

    <p>Digital technologies</p> Signup and view all the answers

    What legal standard must be met for an arrest to be considered legal?

    <p>Probable cause</p> Signup and view all the answers

    The decision to charge a suspect is purely based on personal opinion of the police officer.

    <p>False</p> Signup and view all the answers

    The _____ investigation involves securing the crime scene and identifying key individuals such as victims and witnesses.

    <p>preliminary</p> Signup and view all the answers

    What can happen to a suspect's personal property during booking?

    <p>It can be confiscated and inventoried.</p> Signup and view all the answers

    Match the following stages of the criminal justice process with their correct definitions:

    <p>Investigation = Gathering evidence and information about a crime. Arrest = Taking a suspect into physical custody. Booking = Recording the arrest details into police records. Charging = Formally accusing a person of a crime.</p> Signup and view all the answers

    Defendants who cannot afford an attorney may be assigned a _______ who is compensated by the court.

    <p>public defender</p> Signup and view all the answers

    Which case established the requirement that police use of force must be objectively reasonable?

    <p>Graham v. Connor</p> Signup and view all the answers

    Most crimes are detected by random patrols of law enforcement officers.

    <p>False</p> Signup and view all the answers

    What happens after law enforcement completes the arrest process?

    <p>The suspect is taken for booking.</p> Signup and view all the answers

    What is one key aspect of a follow-up investigation?

    <p>Involvement of detectives and forensic scientists</p> Signup and view all the answers

    The use of _____ force by police is authorized when necessary to take a suspect into custody.

    <p>reasonable</p> Signup and view all the answers

    Which of the following is the first step in the criminal justice process?

    <p>Investigation</p> Signup and view all the answers

    What is the primary document used by the prosecutor to initiate charges in jurisdictions that do not use a grand jury?

    <p>Information</p> Signup and view all the answers

    Defendants have the right to be absent during preliminary hearings.

    <p>False</p> Signup and view all the answers

    What is the term for a formal agreement where a defendant pleads guilty in exchange for dropping certain charges?

    <p>plea bargain</p> Signup and view all the answers

    In most felony cases, the judge waits for the results of a ______ before imposing a sentence.

    <p>presentence report</p> Signup and view all the answers

    Match the following terms with their correct definitions:

    <p>Arraignment = The stage where the defendant enters a plea Grand Jury = A group that determines if there is enough evidence for a trial Probable Cause = The standard necessary to move forward to trial Plea = A formal statement of guilt or innocence by the defendant</p> Signup and view all the answers

    What is the main role of the U.S. attorney in federal criminal cases?

    <p>Represent the United States in court proceedings</p> Signup and view all the answers

    The grand jury system is still used in state courts.

    <p>False</p> Signup and view all the answers

    What must a judge ensure about a guilty plea before proceeding?

    <p>That it was made knowingly and voluntarily</p> Signup and view all the answers

    The determination of ______ is critical for moving forward with a criminal trial.

    <p>probable cause</p> Signup and view all the answers

    Match the following parties involved in a criminal case with their roles:

    <p>Defendant = Person accused of a crime Prosecutor = Represents the state or government Judge = Oversees court proceedings and ensures fairness Defense Counsel = Represents the accused individual</p> Signup and view all the answers

    Study Notes

    Dark Figure of Crime

    • Many crimes remain unreported, preventing initiation of the criminal justice process.
    • The process involves several stages: Investigation, Arrest, Booking, Charging, Initial Appearance, Preliminary Hearing, Grand Jury, and Arraignment.

    Reporting Crimes

    • Most prosecutions start when a private citizen reports a crime to the police.
    • Random patrols by officers rarely detect offenses; citizen information is crucial for justice.

    Investigations

    • Initial investigations may be simple or complex, depending on the crime's seriousness.
    • First responders secure the crime scene, identify crucial participants, and gather preliminary evidence.
    • Follow-up investigations are usually conducted by detectives for more complex cases.

    Arrest Process

    • Legal arrests require probable cause, indicating sufficient evidence against a suspect.
    • Controversial use of force must be objectively reasonable as established in Graham v. Connor (1989).
    • Officers may use reasonable force to apprehend suspects, differing from self-defense scenarios.

    Booking Procedure

    • After an arrest, suspects are taken to a holding facility for booking, which involves personal identification and photographing.
    • Booking records detail the alleged crime and personal information, using digital technology for efficiency.
    • Suspects of minor offenses may receive citations instead of being booked into jail.

    Charging Decisions

    • Prosecutors decide what charges to file, evaluating evidence from the police case file.
    • Charging documents vary by jurisdiction: indictments may require a grand jury while other cases use prosecutorial information.
    • An arrest does not always precede the issuance of a charging document.

    Initial Appearance

    • Defendants must see a judge shortly after arrest to prevent unlawful detention.
    • Initial appearances inform suspects of charges, their rights, and whether sufficient evidence exists to continue processing.
    • Bail is often set during this stage, and counsel is provided for those unable to afford representation.

    Preliminary Hearing and Grand Jury

    • Grand juries review evidence in secret to determine probable cause, while preliminary hearings are more accessible to defendants.
    • Both processes aim to ascertain sufficient evidence for trial; probable cause is essential in advancing to court.

    Arraignment

    • Defendants enter pleas during arraignment, where implications of a guilty plea can lead to immediate sentencing or further proceedings.
    • Plea bargains can offer leniency in exchange for guilty pleas, with over 90% of federal defendants opting for this route.
    • Judges must confirm that guilty pleas are entered knowingly and voluntarily, emphasizing the requirement's importance for due process.

    Key Concepts

    • Probable Cause: Requirement to justify arrests and charges.
    • Objectively Reasonable Force: Standard for police use of force during arrests.
    • Plea Bargain: Agreement between a defendant and prosecutor for reduced charges or sentences in exchange for a guilty plea.
    • Grand Jury vs. Preliminary Hearing: Different methods to establish probable cause; grand jury proceedings are secretive, while preliminary hearings are conducted publicly.

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    Description

    This quiz covers the stages of the criminal justice process, focusing on the unreported crimes known as the dark figure of crime. It includes details about the importance of citizen reports, the roles of initial investigations, and the intricacies of the arrest process. Test your knowledge on how crimes are processed within the justice system.

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